Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 15 - WORKERS COMPENSATION MEDICAL FEE SCHEDULE & EXHIBIT A
Subchapter 3 - TREATMENT
Section 12-15-38 - Change of physician, surgeon, hospital, or rehabilitation facility
Current through August, 2024
(a) In the event an injured employee elects to change attending physicians, the employee shall notify the employer prior to initiating the change. The newly selected attending physician shall make a diligent effort to secure from the previous physician, or from the employer, all of the available medical information. The previous attending physician shall immediately forward, upon request, all requested information and x-rays to the new attending physician. Changes in attending physician by the injured employee subsequent to the first change require prior approval by the director or employer.
(b) On the basis of competent medical advice, the director shall determine the need for or sufficiency of medical services furnished or to be furnished to the employee and may order any needed change of physician, surgeon, hospital, or rehabilitation facility. For this purpose, "competent medical advice" may include advice from a panel of at least three physicians selected by the director after consultation with organizations such as the Hawaii Medical Association and convened for the purpose of this subsection. Fees for the panel of physicians selected by the director shall be paid from funds appropriated by the legislature for use by the department.
(c) Whenever the director determines medical reports submitted on an employee's industrial injury are not sufficiently complete to ascertain maximum medical recovery and to permit rendering a sound decision on the extent of disability suffered by the employee, the director shall refer the employee to another physician or surgeon for further examination and evaluation, all at the expense of the employer.
(d) Whenever the director determines medical reports submitted on an employee's industrial injury are such that there may reasonably be diverse medical opinions on the extent of disability sustained by the employee (but for all other purposes the reports are complete), the director may appoint a duly qualified impartial physician or surgeon to examine the employee and reports. The fees for such examinations shall be paid from funds appropriated by the legislature for use by the department.
